Between the Tehachapi Unified School District,
the U.S. Department of Education, Office for Civil Rights, and
the U.S. Department of Justice, Civil Rights Division

OCR Case No. 09-11-1031
DOJ Case Number DJ 169-11E-38

BACKGROUND AND JURISDICTION

The U.S. Department of Education, Office for Civil Rights (“OCR”), has completed
its investigation into a complaint (the “Complaint”) filed against the Tehachapi
Unified School District (the “District”) alleging severe and pervasive peer-on-peer
harassment of a student in the District (the “Student”). More specifically,
OCR investigated whether the Student was subject to sexual and gender-based
harassment by his peers while attending school at the Jacobsen Middle School
(the “School”), and whether the District failed to take prompt and effective
steps reasonably calculated to end the harassment, prevent the harassment from
recurring, address the effects of the harassment, and eliminate any hostile
environment resulting from the harassment. The U.S. Department of Justice,
Civil Rights Division (“DOJ”) has joined OCR in the complaint resolution process.

The Complaint followed the Student’s suicide attempt on September 19, 2010,
which led to his death on September 27, 2010.

Based on OCR’s investigation, OCR and DOJ (jointly referred to as the “United
States”) have concluded that the District has violated the federal prohibitions
against sex-based harassment under Title IX of the Education
Amendments of 1972 (“Title IX”) and Title IV of the Civil Rights Act of 1964,
42 U.S.C. 2000c, et seq. (“Title IV”).1
More specifically, the Student suffered sexual and gender-based harassment
by his peers, including harassment based on his nonconformity with gender stereotypes;2 the
harassment was sufficiently severe, pervasive, and persistent to interfere
with and limit his ability to participate in and benefit from the services,
activities, or opportunities offered by the District;3 the
District had notice of the harassment; and the District did not adequately
investigate or respond appropriately as it is required to do by federal law.

The District disagrees with and disputes the United States’ findings and conclusions.
Nonetheless, the Board of Trustees (“Board”) wishes to clearly communicate
its commitment to ensuring an educational environment free from harassment,
in which the individual civil and constitutional rights of each student are
protected. The District therefore agrees that the District will research,
develop, and implement policies, procedures, and practices designed to: (i) educate
students and staff regarding the harmful effects such behavior may have on
individuals; (ii) educate staff regarding the proper investigation and means
of eliminating such harassment and its harmful effects; and (iii) monitor the
educational climate at its schools in order to regularly assess and appropriately
address the presence and effect of peer-on-peer harassment at the District’s
schools.

To advance these goals, and to enable the District to reach compliance with
its obligations under federal law, the United States and the Board voluntarily
agree to resolve OCR Case No. 09-11-1031 and DOJ Case No. DJ 169-11E-38 pursuant
to the Terms of the Agreement described below. Although the District enters
into this Agreement voluntarily, it acknowledges that the Agreement is binding,
and that the District will be bound by its terms so long as it is in effect,
regardless of changes in the District’s administration, including of the Superintendent
or Board.

TERMS OF THE AGREEMENT

In order to resolve the disputed violations, the District will take effective
steps designed to prevent harassment in its education programs and activities
including, and in particular, sexual and gender-based harassment; fully investigate
conduct that may constitute harassment; appropriately respond to all conduct
that may constitute harassment; and mitigate the effects of harassment, including
by eliminating any hostile environment that may arise from or contribute to
harassment. The District also will retain the Equity Alliance at Arizona State
University or another third-party consultant mutually agreed upon by the parties
(the “Equity Consultant”) to consult with the District in its efforts to comply
with the terms of this Agreement as outlined below. In turn, OCR will not
initiate enforcement action and DOJ will not initiate litigation regarding
the Complaint provided that the District implements the provisions of this
Agreement in good faith. As used in this Agreement, the term “sex-based harassment”
includes both sexual harassment and gender-based harassment. The term “sexual
harassment” means unwelcome conduct of a sexual nature. The term “gender-based
harassment” means non-sexual harassment of a person because of the person’s
sex and/or gender, including, but not limited to, harassment based on the person’s
nonconformity with gender stereotypes. This Agreement will remain in force
for at least five (5) school years, and will not terminate prior to the end
of the 2015-2016 school year.

I. REVISED POLICIES AND REGULATIONS

A. On or before July 15, 2011, the District will submit proposed revisions
to the United States of all of its policies, regulations, and internal guidance
related to harassment in order to specifically address gender-based harassment,
as well as sexual and other forms of prohibited harassment. The District policies
and regulations to be revised include, but are not limited to: Board Policy
0410 (Nondiscrimination in District Programs and Activities); Board Policy
5145.3 (Nondiscrimination/Harassment); Board Policy 5145.7 (Sexual Harassment
Policy); Administrative Regulation 5145.7 (Sexual Harassment Regulation)
and the District’s Uniform Complaint Procedure (UCP).4
The internal guidance includes the District’s Administrator Guidance Regarding
Response to Sexual Discrimination and Harassment (Administrator Guidance).
The revisions will include the following:

Expand the scope of the Sexual Harassment Policy and Sexual Harassment
Regulations so that, in addition to sexual harassment, they apply to gender-based
harassment. This will entail, at a minimum:

changing the title of the Sexual Harassment Policy to “Sexual Harassment
and Gender-Based Harassment Policy”;

changing the title of the Sexual Harassment Regulation to “Sexual Harassment
and Gender-Based Harassment Regulation”;

in the revised Sexual Harassment and Gender-Based Harassment Policy’s
introductory paragraph, replacing the sentence reading, “The Board prohibits
sexual harassment of students by other students, employees, or other
persons, at school or at school-sponsored or school-related activities.”
with, “The Board prohibits sexual harassment and gender-based harassment
(collectively, “sex-based harassment”) of students by other students,
employees, or other persons, at school or at school-sponsored or school-related
activities.”, and replacing all subsequent references to “sexual harassment”
with “sex-based harassment”;

in the revised Sexual Harassment and Gender-Based Harassment Regulation,
adding a section addressing gender-based harassment that will, similar
to the existing language on sexual harassment, separately define and
provide examples of gender-based harassment; and

in the revised Sexual Harassment and Gender-Based Harassment Regulation,
under the heading, School-Level Complaint Process/Grievance Process,
replacing the sentence reading, “Any student who believes he/she has
been subjected to sexual harassment or who has witnessed sexual harassment
may file a complaint with any school employee.” with “Any student who
believes he/she has been subjected to sexual harassment or gender-based
harassment (collectively, “sex-based harassment”), or who has witnessed
or has knowledge of such harassment, may file a complaint with any school
employee.”, and replacing all subsequent references to sexual harassment
with “sex-based harassment.”

Revise the Sexual Harassment and Gender-Based Harassment Regulation,
under the heading Investigative Process, to ensure the adequate,
reliable, and impartial investigation of complaints. The proposed revisions
will include, at a minimum, requirements that:

administrators refer complainants to law enforcement authorities where
appropriate;

the District follow the procedure regardless of whether the alleged
harassment also is being investigated by another agency, including a
law enforcement agency, unless particular procedural steps would directly
impede a criminal investigation;

the District utilize a preponderance of the evidence standard to evaluate
sex-based harassment complaints (i.e., it is more likely than
not that sex-based harassment occurred); and

all persons involved in conducting investigations have training or
experience in handling complaints of sex-based harassment and in the
applicable District policies and complaint procedures.

Provide examples in both the revised Sexual Harassment and Gender-Based
Harassment Policy and Regulation of types of corrective action that may
be appropriate where sex-based harassment is found to have occurred, including
the provision of counseling to students who have been subjected to or who
have engaged in sex-based harassment;

Revise the District’s other policies and regulations to clarify that
each covers all forms of sex-based harassment, including sexual harassment
and gender-based harassment;

Revise the UCP to specify that sexual and gender-based harassment will
be resolved pursuant to the revised Sexual Harassment and Gender-Based
Harassment Regulation; and

Revise the Administrator Guidance to:

be renamed “Administrator Guidance Regarding Discrimination and Harassment
Based on Sex”;

specify that the guidance applies to all forms of sex-based discrimination
and harassment, specifically identifying gender-based harassment;

state the District’s responsibility to respond appropriately to any
notice of possible sex-based harassment or discrimination, regardless
of whether a formal complaint is filed; and

state that when a student experiences harassment or other discrimination
based on both sex and sexual orientation, the District must respond appropriately
under its policies and regulations.

B. If the United States chooses to provide comments on the District’s proposed
revisions, it will do so no later than August 1, 2011. The District will
incorporate the United States’ comments, unless there is disagreement, in
which case the District and the United States will work together in good
faith to resolve all disagreements. If the parties are unable to agree on
the revisions by August 17, 2011, the United States may pursue relief under
the enforcement provisions of ¶ VII.B. below.

C. Following the United States’ approval, or enforcement action if necessary,
the District will adopt the revised policies, regulations, and internal guidance
within fourteen (14) calendar days. It is the intent of the parties that
the revised policies, regulations, and internal guidance be adopted no later
than August 17, 2011.

D. No later than August 31, 2011, the District will notify all of its students,
their parents and guardians, and employees of its revised policies, regulations,
and internal guidance by:

providing written notice of the revised policies and regulations to all
parents in the District by mail and by posting the revised policies and
regulations on the District’s website;

providing written copies of its revised Administrator Guidance to all
school- and District-level administrators;

providing the annual notifications required in the “Notifications” section
of the revised Sexual Harassment Regulation; and

publishing the revised policies and regulations, the name and contact
information of the school-level and District-level individuals responsible
for receiving sex-based discrimination complaints (including the District’s
Title IX Compliance Officer), and contact information for OCR and the DOJ,
on the District website and each individual school’s website, and in each
school’s student and employee handbooks.

E. Within forty-five (45) school days of the start of the 2011-2012 school
year and following the trainings of District officials and employees listed
in ¶¶ III.D.-F. below, and then annually thereafter, the District will
host a parent and community meeting, at which District officials, including,
but not limited to, the Superintendent, Title IX Compliance Officer, and
school principals and vice principals, will: (i) present an overview
of and respond to questions about the District’s revised policies and regulations
for sex-based harassment, including the steps the District is taking to train
its employees and instruct its students on these policies and regulations;
(ii) provide information regarding the age-appropriate instruction that will
be provided to students pursuant to this Agreement; and (iii) provide information
on additional District, local, state, federal, and non-governmental resources
for students and parents concerning all forms of discrimination and harassment,
including sex -based harassment, bullying, and suicide prevention.

F. Once the District adopts policies and regulations related to sex-based
harassment pursuant to the terms above, the District will not substantively
modify those policies and regulations during the period of the Agreement
without the written approval of the United States. Such approval shall not
be unreasonably withheld. All requests to modify such policies and regulations
must be made in writing. The United States may reject proposed modifications
that are not consistent with the terms of this Agreement or applicable federal
civil rights laws.

II. IMPLEMENTATION OF POLICIES AND REGULATIONS

A. To ensure compliance with the District’s revised Sexual Harassment and
Gender-Based Harassment Policy and Regulation, the District will develop
to the satisfaction of the United States, and institute a District-wide system
for District review of school-level investigations and resolutions of student
and employee conduct that may constitute sex-based harassment, including
sexual and gender-based harassment. That system will require, at minimum,
that:

the District appoint a designated District-level official (the “Designated
Official”), with appropriate training on the requirements of Title IX and
expertise in investigating and responding to discrimination and harassment;

the Designated Official review all school-level incident reports to ensure
that all alleged incidents that involved possible sex-based harassment
were properly identified as such;

for each incident report, discipline referral, informal complaint, and
formal complaint involving possible sex-based harassment, the Designated
Official evaluate, within five (5) school days of receiving the report,
referral, or complaint:

the investigating official’s findings and the basis for those findings
in supporting documentation, including, but not limited to the complaint,
names of witnesses, interview notes, correspondence with the parents
of the student subject to the harassment and offending student(s), discipline
referral(s), and documentation of any prior incidents of discrimination
or harassment involving the student subject to the harassment or the
offending student(s); and

whether the school or District’s response complied with the revised
Sexual Harassment and Gender-Based Harassment Policy and Regulation,
including the investigation, the notice provided to the complaining party,
and the steps taken to stop the harassment, prevent further harassing
incidents and acts of retaliation, remedy harm to the student subject
to the harassment, and address educational environment and school climate
issues related to or affected by the incident;

for each instance of sex-based harassment for which the Designated Official
determines that the school or District did not follow the revised Sexual
Harassment and Gender-Based Harassment Policy and Regulation, the Designated
Official will:

promptly identify all areas where the school’s response did not comply
with the revised Sexual Harassment and Gender-Based Harassment Policy
and Regulation;

promptly inform the employee(s) who responded to the complaint of the
manner in which the response did not comply with the Policy or Regulation,
and provide guidance to help ensure that a proper response is provided
in the future;

initiate timely steps to remedy the non-compliance with regard to the
particular complaint; and

within seven (7) school days of receiving the report, referral, or
complaint, contact the parents of the student subject to the harassment
and offending student(s) to inform them of the Designated Official’s
review of the complaint, provide them a copy of the revised Sexual Harassment
and Gender-Based Harassment Policy and Regulation, and provide the timeline
for resolution of the underlying complaint that does not exceed fourteen
(14) school days from the date of parental contact; and

maintain documentation supporting compliance with this Agreement and
report quarterly to the Superintendent on compliance with the Agreement.

B. For the term of this Agreement, the District also will take the corrective
action described in ¶ II.A.4. where the United States determines that the
District did not respond to incidents of sexual and gender-based harassment
in a timely and effective manner.

III. TRAINING AND PROFESSIONAL DEVELOPMENT

A. The District will work with the Equity Consultant to provide mandatory
trainings on harassment to all students and employees, which will occur
annually for the term of this Agreement, as follows:

For all students in grades 6-12, and all District-level and school-based
administrators, faculty, certified staff, and other staff who interact
with students at any grade level, training on harassment, with an emphasis
on sex-based harassment, including sexual and gender-based harassment.
The purpose of the trainings is to ensure that all students and employees
understand their rights and obligations under the District’s policies and
regulations, as revised. Trainings for students and employees will take
place separately.

For all students in grades K-5, the Equity Consultant will provide training
designed to promote an inclusive and safe educational environment for all
students, which will include, but is not limited to, anti-bullying training.

The District will work with the Equity Consultant to develop curricula
for the trainings specified in ¶¶ III.A.1-2. above. The parties understand
that the Board retains its authority under state law to adopt curriculum
and materials. The District and/or the Equity Consultant will confer with
the United States to ensure that the content of the trainings meets the
requirements of this Agreement.

B. By July 15, 2011, the District will retain the Equity Consultant to develop
and provide the student instruction, parent education, employee training,
and educational climate assessments described in ¶ I.A., ¶¶ III.A. & C.-E.,
and ¶¶ IV.A.-B. below.

C. Starting with the 2011-2012 school year, and then annually thereafter
for the term of this Agreement, the District, through consultation with
the Equity Consultant, will provide age-appropriate instruction to all
of its students as follows. Students in grades 6-12 will receive instruction
on harassment, including sexual and gender-based harassment, including:
(1) what types of conduct constitutes such harassment; (2) the negative
impact that such harassment has on the educational environment; and (3)
how students are expected to respond to such harassment that they experience
or witness, or of which they otherwise know, including the reporting avenues
available. The instruction will be designed to promote sensitivity to
and tolerance of the diversity of the student body, and will specifically
address harassment issues related to sex, gender, and nonconformity with
gender stereotypes. Students in grades K-5 will receive instruction designed
to promote an inclusive and safe educational environment for all students,
including on issues related to bullying. The parties understand that the
Board retains its authority under state law to adopt curriculum and materials.5

D. Within thirty (30) school days of the start of the 2011-2012 school year,
and then annually thereafter for the term of this Agreement, the District,
through consultation with the Equity Consultant, will provide training(s)
to its employees on the following topics:

in-depth instruction on what type of conduct constitutes sex-based harassment,
specifically addressing examples of sexual and gender-based harassment,
and a discussion about the negative impact that such harassment has on
the educational environment;

in-depth discussion on the importance of sensitivity to and tolerance
of the diversity of the student body, including, but not limited to, sex,
gender, and nonconformity with gender stereotypes;

a facilitated discussion on the root causes of sex-based harassment,
specifically addressing gender-based harassment, and the harms resulting
from such conduct;

specific guidance and discussions of steps to take to foster a nondiscriminatory
educational environment for students who do not conform to gender stereotypes;

a review of the revised policies and regulations; the District’s responsibility
to respond to sexual and gender-based harassment; how students and employees
are expected to respond to incidents of harassment that they experience,
witness, or of which they otherwise have knowledge (including specific
reporting procedures that are available); and how the school and District
are required to respond when such an incident comes to their attention,
including, but not limited to, remedial and disciplinary actions;

identification of designated staff at each school who are available to
answer questions or concerns regarding the policies and regulations or
other issues related to sexual and gender-based harassment;

clarification that failure by school officials to respond appropriately
to sexual and gender-based harassment of which they knew or should have
known violates District policy and federal law; and

clarification that under federal law, the District is required to take
effective action to end harassment, prevent its recurrence, and as appropriate,
remedy its effects.

E. In addition to the employee training described above, on or before August
17, 2011, the District will submit a proposed plan to the United States,
developed in consultation with the Equity Consultant, to provide targeted
training(s) for certain school-level employees whom the United States believes
require additional training regarding their obligations under Title IX and
District policies and regulations. The United States will inform the District
of the individuals who require this training, based on the information revealed
by OCR’s investigation. The Equity Consultant will conduct the targeted
training within fifteen (15) school days of the start of the 2011-2012 school
year. The identified employees will receive the targeted training in addition
to any other training on discrimination and harassment provided by the District
to its employees. The District’s superintendent, Title IX Compliance Officer,
the Designated Official, and the principal of each school will also attend
the targeted training session(s).

F. In addition to the employee trainings described above, OCR will provide
trainings for school- and District-level administrators, the District’s Title
IX Compliance Officer, the Designated Official, and all other employees responsible
for receiving, investigating, or supervising investigations of complaints
of sexual and gender-based harassment on how to identify, investigate and
respond to such complaints. Prior to the OCR training, the District will
designate a District-level official to attend the trainings who will be responsible
for conducting similar trainings within the District on an annual basis thereafter.
This training will be provided within thirty (30) school days of the start
of the 2011-2012 school year.

G. The parties understand that the Equity Alliance at Arizona State University,
if retained by the District to serve as the Equity Consultant, will provide the
services specified in ¶¶ III.A.-E. and ¶¶ IV.A.-B. at no charge to
the District or its personnel. Additionally, OCR will provide the services specified
in ¶ III.F. at no charge to the District or its personnel. All services
provided by the Equity Consultant and OCR in connection with ¶¶ III.A.-F.
and ¶¶ IV.A.-B. will be provided at a Board-operated facility in Tehachapi
at no cost to participants. The District will be responsible for providing facilities,
utilities, payment of employee salaries, and any miscellaneous costs that may
be associated with the required trainings. If the District selects a third-party
consultant to serve as the Equity Consultant other than the Equity Alliance at
Arizona State University, the District will be responsible for any costs associated
with the retention of that consultant. In the event that, through no fault of
the District, the Equity Alliance at Arizona State University becomes unable
to provide the services specified in this Agreement, or becomes unable to provide
the services at low or no cost, the United States will agree to a reasonable
period of time to allow the District to secure a mutually-agreeable alternative
consultant to provide the services specified in this Agreement.

IV. EDUCATIONAL CLIMATE

A. The District will consult with the Equity Consultant to develop one
or more school climate surveys for all students in grades 6-12 and all
staff to assess the presence and effect of harassment, including sex -based
harassment, at each school in the District. The District may create separate,
age-appropriate surveys for middle and high school students. The District
will consult with the Equity Consultant to develop a separate, age-appropriate
school climate survey for students in grades K-5 to assess the inclusiveness
and safety of the elementary school environment for all students. Student
surveys will be designed and administered consistent with the requirements
of California Education Code § 51513. It is the intent of the parties
that the student surveys will include no content that would result in
the application of California Education Code § 51513. Surveys administered
to teachers will be designed and administered consistent with the requirements
of California Education Code § 49091.24.

The student and staff surveys will be administered in the month of October
2011, the month of April 2012, and annually thereafter in the month of
April, and will allow for respondents to answer the survey anonymously.

The District will submit an analysis of the results of the survey prepared
by the Equity Consultant to the United States within sixty (60) calendar
days of the date the surveys are administered for each year this Agreement
is in force. The analysis will include recommendations for the climate
issues identified through the surveys.

Based on a review of the results of the climate surveys and the recommendations
of the Equity Consultant, the District will work together in good faith
with the Equity Consultant to agree on appropriate corrective actions
by the District to address all climate issues related to harassment, including
sex -based harassment, identified through the surveys and the Equity Consultant’s
analysis. The District will implement the agreed upon actions and notify
the United States of its actions.

B. In conjunction with the Equity Consultant’s assessment and analysis
described in ¶ IV.A., the Equity Consultant will assess whether each
school should designate a staffed “safe space” location that is available
for all students. If the Equity Consultant recommends the creation of
such a location, the District will:

ensure that the designated locations are supervised by teachers or staff
who have been trained on the District’s revised policies and regulations
and who have the necessary training and expertise to recognize and respond
to all forms of discrimination and harassment, including sex -based harassment;

notify all parents, students, and employees at each respective school
in writing, on the District’s website, and through prominently displayed
posters of the availability, location, and hours of operation of the designated
location;

verify in a written statement to the United States that the designated
locations have been created; the date and hours the locations it will
be operational; the location and description of the space; the name and
title of all employees who will staff the designated location; the date
that each individual was trained on the District’s revised policies and
regulations; and the manner in which notice of the staffed location was
provided to students, parents, and employees; and

annually reevaluate, in consultation with the Equity Consultant, whether
students use the designated locations and whether they are effective in
improving the climate for students who have experienced and/or are concerned
about harassment, including sex -based harassment.

C. Within thirty (30) school days of the start of the 2011-2012 school
year, the District will form an Advisory Committee (“Committee”) that
includes a District-level administrator, one administrator each from Jacobsen
Middle School and Tehachapi High School, at least two students each from
Jacobsen Middle School and Tehachapi High School, at least three parents
of students who attend those schools, and other individuals that the District
determines appropriate, such as representatives from relevant community-based
organizations, to advise the District regarding how best to foster a positive
educational climate free of sexual and gender-based harassment. The District
will consider the recommendations of the Equity Consultant when determining
the composition and functions of the Committee.

The District will designate an employee to coordinate the Committee’s
meetings and work (“Committee Coordinator”).

The Committee will meet a minimum of two (2) times each semester.

The Committee will maintain documentation of the date and duration
of each meeting and notes from the meeting.

The Committee Coordinator will prepare a written summary of the recommendations
and suggestions of the Committee, including but not limited to:

strategies for preventing harassment and ensuring that District
students understand their right to be protected from discrimination,
including sexual and gender-based harassment, and to be protected
from retaliation for reporting alleged discrimination;

strategies to ensure that students understand how to report possible
violations of the policies, regulations, and internal guidance related
to harassment, including sex -based harassment, and that students
are aware of the District’s obligation to promptly and effectively
respond to complaints alleging harassment; and

specific suggestions for developing an effective student orientation
program that promotes respect and tolerance for others and takes steps
reasonably designed to prevent the creation of a hostile environment,
with an emphasis on sex -based harassment, including what role students
can play in the orientation program.

The Committee will recommend outreach strategies to families related
to the District’s anti-harassment program.

D. At each school with locker room facilities, the District will designate
employees to monitor the locker rooms during all changing times for physical
education and after-school activities. The designated employees will be
trained on sexual and gender-based harassment and the District’s policies
and regulations.

E. The District will accommodate any student who, out of concern about harassment,
wishes to change his or her clothes for physical education classes and after-school
activities in an alternative private space or during an alternative changing
time.

The District will provide the alternative changing space or time in a manner
which protects the student’s confidentiality, minimizes stigmatization, and
affords the student an equal opportunity to participate fully in physical
education classes and athletic activities.

The District will provide parents and students with written notification
of the availability of, and instructions on how to make a request for, these
accommodations.

F. The District will develop a monitoring program to assess the effectiveness
of its anti-harassment efforts. At the conclusion of each school year, the
District will conduct an annual assessment of the effectiveness of its anti-harassment
efforts. Such assessment will include:

Consultation with the Committee established pursuant to item ¶ IV.C.
above;

Student and parent surveys (see ¶ IV.A above) and at least
one public meeting (see ¶ I.E. above) each school year to
identify student and parent concerns and to determine where and when sexual
and gender-based harassment occurs;

A review of all reports of harassment and District responses (see ¶ II.A.
above);

Evaluation and analysis of the data collected, including a disaggregated
assessment of whether the reported incidents of harassment have increased
or decreased in number and severity;

Evaluation of all measures designed to prevent or address sexual and
gender-based harassment to ensure that they do not expose students to further
harassment, unnecessarily restrict any student’s full access to all educational
opportunities offered by the school, or result in disciplinary actions
for any student who opts to utilize one or more of the accommodations provided
to students concerned about harassment; and

Proposed recommendations for improvement of the District’s anti-harassment
program and timelines for the implementation of the recommendations.

G. Based on the Letter of Finding issued by the United States, District policies
and procedures, the terms of this Agreement, and any other relevant information
in the District’s possession, the District, within sixty (60) calendar days
of the execution of this Agreement, will conduct an investigation to determine
whether any employee, including but not limited to the Principal and former
Vice Principal of Jacobsen Middle School, and the teachers assigned to the
Student’s Middle School Physical Education classes, should be subject to
corrective action because those employees had notice of the harassment of
the Student and failed to take timely and appropriate action. The District
will notify the United States of its findings and actions.

V. CORRECTION OF PREVIOUSLY RELEASED INFORMATION

A. Within thirty (30) calendar days of the entry of this Agreement, the District
will review for accuracy the information it has previously provided to parents
and members of the school community, including information posted on its
website, notices and newsletters sent to staff, parents, and community members,
and other publicly available information released by the District, related
to its investigation and resolution of all allegations of harassment against
the Student, and will take appropriate action to correct any inaccurate information.
The District will submit drafts of any written statements to the United States
for its review and approval prior to releasing such statements publicly.
Additionally, within thirty (30) days of the entry of this Agreement, the
District will submit to the United States a draft statement for inclusion
in Jacobsen Middle School’s Parent Newsletter designed to promote tolerance
of diversity at school, specifically regarding sex and nonconformity with
gender stereotypes.

VI. REPORTING

A. The District will provide the United States all documents and information
identified in Sections I through V in accordance with the timelines set
forth above. If the District, despite its good faith efforts, anticipates
its inability to meet any timeline set forth in this Agreement, it will
immediately notify the United States of the delay and the reason for it.
The United States may provide a reasonable extension of the timeline at
issue.

B. The District will provide documentation of its compliance with
this Agreement through written compliance reports, which will be produced
to the United States on December 1 and June 1 of each year this Agreement
is in force. Each compliance report will cover the immediately preceding
semester, and will include the following information and documents:

The date and duration of each training session required by this Agreement;
copies of all agendas for such training sessions; and copies of the
training materials distributed at student and employee trainings.

The name and position of the employees who attended each training;
the name and position of employees who were required to attend a training,
but did not; the number of students, by school and grade, who did not
attend a training; and the rescheduled training date for those employees
who did not attend a mandatory training. The District will provide
additional verification of completed training for those individuals
who received rescheduled training.

The date and duration of all targeted trainings provided pursuant
to ¶ III.E.

For each individual who receives targeted training, a signed statement
by the individual acknowledging that he or she has reviewed the District’s
revised policies and regulations, has received the general employee
training, has received the targeted individual training, and understands
his or her obligations to respond to sexual and gender-based harassment
under District policy and federal law.

Copies of all incident reports, discipline referrals, informal complaints,
and formal complaints related to sexual and gender-based harassment
and harassment based on sexual orientation, and all documentation related
to such incidents (e.g., interview notes, correspondence with
the parents of the student subject to the harassment and offending
student(s), discipline referral(s), statements of findings and remedial
action, and prior incidents of discrimination or harassment involving
the student subject to the harassment or the offending student(s)).

Certification by the Designated Official that he or she has reviewed
all incident reports, discipline referrals, informal complaints, and
formal complaints related to bullying, discrimination, and harassment
based on sex, including nonconformity with sex stereotypes, and sexual
orientation, and all documentation related to such incidents, to determine
whether any incidents, allegations, or complaints were not properly
identified, investigated, or resolved consistent with District policies
and procedures.

Certification by the Designated Official that for each instance where
the school or District did not follow the District’s policies and procedures
when responding to an incident, allegation, or complaint related to
bullying, discrimination, and harassment based on sex, including nonconformity
with sex stereotypes, and sexual orientation, the Designated Official,
at a minimum, took the following corrective action: (a) reviewed
all documentation from the incident, (b) identified all areas where
the school or District response did not comply with District policies
and procedures, (c) initiated timely steps to remedy violations of
District policies and procedures, and (d) contacted the parents of
the student subject to the harassment and the offending student to
inform them of the Designated Official’s involvement in the matter,
the applicable policies and procedures, and the timeline for resolution
of the underlying complaint.

Documentation supporting each element of the Designated Official’s
certification of corrective action, described in ¶ VI.B.7. above.

VII. ENFORCEMENT

A. The United States may enforce the terms of this Agreement, Title
IX, Title IV, and all other applicable federal laws.

B. If OCR or the DOJ determines that the District has failed to comply
with the terms of this Agreement or has failed to comply in a timely
manner with any requirement of this Agreement, one or both agencies will
so notify the District in writing and will attempt to resolve the issue(s)
in good faith with the District. If the United States is unable to reach
a satisfactory resolution of the issue(s) within thirty (30) days of
providing notice to the District, OCR may initiate administrative compliance
proceedings6 and
DOJ may initiate civil enforcement proceedings in federal court.

C. The District understands that the United States will monitor this
Agreement until it determines that the District has fulfilled the terms
of this Agreement and is in compliance with all applicable federal civil
rights laws regarding the issues identified in the Letter of Findings
in this case. This Agreement may not be terminated prior to July 1,
2016.

D. The District further understands that the United States retains
the right to evaluate the District’s compliance with this Agreement,
including the right to conduct site visits, observe trainings, interview
District staff and students (including ex parte communications
with students and employees other than school and District administrators),
and request such additional reports or data as are necessary for the
United States to determine whether the District has fulfilled the terms
of this Agreement and is in compliance with federal law.

E. By signing this Agreement, the District agrees to provide data and
other information in a timely manner in accordance with the reporting
requirements of this Agreement.

VIII. MISCELLANEOUS

A. This Agreement is entered into and shall be construed and interpreted
in accordance with the laws of the United States and the State of California.

B. This Agreement is for the purpose of resolving a disputed claim
and is not, and shall not be construed as, an admission of liability,
fault, or wrongdoing of any kind by the District.

C. It is the District’s intent that any actions of the District or
its personnel taken to comply with this Agreement are subsequent remedial
or precautionary measures, evidence of which is inadmissible to prove
negligence or culpable conduct in connection with the events underlying
this Complaint pursuant to California Evidence Code § 1151.

D. The parties will bear their own attorneys’ fees and costs in connection
with the Complaint.

E. No earlier than July 1, 2016 and upon full compliance with the terms
of this Agreement, any and all claims associated with the Complaint which
the United States may have against the District, its predecessors, successors,
boards, board members, employees, representatives, or agents will be
resolved.

1 In
addition to sexual and gender-based harassment, including harassment based
on nonconformity with gender stereotypes, the conduct toward the Student included
harassment based on his sexual orientation, which may constitute a violation
of California state law prohibitions on discrimination and harassment based
on gender, sexual orientation, and other categories. See Cal. Ed.
Code §§ 200-234.3. While OCR and the DOJ do not enforce state laws, the District
is obligated to comply with both federal and state laws.

2 Throughout
this Agreement, the phrase “gender stereotypes” refers to stereotypical
notions of masculinity and femininity.

3 Although the
standard for administrative enforcement actions and injunctive relief under
Title IX and Title IV requires that the harassment be severe, pervasive, or persistent,
the United States found that the harassment of the Student satisfied all
three standards.

4 Except where specific
policies, regulations, or other documents are identified by name, all references
in this Agreement to the District’s “policies and regulations” refer to all documents
identified in this paragraph and all other similar District documents that pertain
to discrimination or harassment based on sex that will be revised subject to
this Agreement.

5 California law
provides individual parents/guardians certain rights related to the education
of their children. No provision of this Agreement is intended to address
such rights. While parents may exercise their rights under state law, the
District remains obligated to comply with this Agreement and federal law.